Wu’s (Jun) Application [2016] NIQB 34 (18 Apr 2016)

Wu’s (Jun) Application [2016] NIQB 34 (18 Apr 2016)

The applicant's case did not raise any important point of principle or practice, nor was there any compelling reason to grant leave for judicial review. The applicant's claims were found to be specific to his own circumstances, lacked credibility, and were unsupported by evidence. The country guidance did not support a risk of persecution for the applicant as a practising Christian in China.

Citation
[2016] NIQB 34
Parties
Applicant: Jun Wu; Respondent: Home Office
Jurisdiction
Northern Ireland
Judgment Date
18 April 2016
Procedural Posture
Judicial Review / Application for Leave to Apply for Judicial Review
Outcome
Application for judicial review dismissed
Legal Topics
Asylum, Deportation, Religious Persecution, Judicial Review, Cart Criteria
Immigration Law Human Rights Law Administrative Law Asylum Deportation Religious Persecution Judicial Review Cart Criteria

Case Brief

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Parties

Jun Wu

Applicant

Home Office

Respondent

Procedural Posture

Judicial Review / Application for Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether refusal of leave to appeal by Upper Tribunal was unlawful
  2. 2 Whether Judge Fox failed to apply relevant country guidance on Christian persecution in China
  3. 3 Whether applicant's removal would breach human rights or expose him to persecution

Ratio Decidendi

The applicant's case did not raise any important point of principle or practice, nor was there any compelling reason to grant leave for judicial review. The applicant's claims were found to be specific to his own circumstances, lacked credibility, and were unsupported by evidence. The country guidance did not support a risk of persecution for the applicant as a practising Christian in China.

Court Disposition

Application for judicial review dismissed

Orders

  • Leave to apply for judicial review refused
  • No order for removal of applicant pending outcome is now required